New Delhi: The Supreme Court of India on Thursday granted bail to Kashmiri separatist leader Shabir Ahmad Shah in a 2017 terror-funding case, noting the prolonged delay in the trial and his extended period of incarceration.
The decision was delivered by a bench comprising Justices Vikram Nath and Sandeep Mehta, who expressed concern over the slow progress of the case under the Unlawful Activities (Prevention) Act. Click Here To Follow Our WhatsApp Channel
Court Flags “Glacial Pace” of Trial
The court observed that Shah had been in custody since June 4, 2019, while the trial had moved extremely slowly. Out of 248 witnesses listed by the National Investigation Agency, only 34 witnesses had been examined so far.
The bench questioned the delay and told the prosecution that continued detention without progress in trial could not be justified.
“Delay is one aspect that you cannot explain… he continues to remain in custody,” the bench remarked during the hearing.
Arguments Presented in Court
Senior Advocate Colin Gonsalves, appearing for Shah, argued that the 74-year-old leader had already spent decades in custody during various phases of his political life. He also said many allegations in the case were based on speeches delivered in the 1990s.
However, the NIA strongly opposed bail. Senior Advocate Siddharth Luthra, representing the agency, claimed Shah played a significant role in secessionist activities in Jammu and Kashmir.
The agency alleged that Shah:
- Received funds through hawala channels and cross-LoC trade
- Encouraged stone-pelting and protests
- Maintained links with Pakistan-based militant figures
Bail With Strict Conditions
While granting bail, the Supreme Court made it clear that Shah’s release would be subject to strict conditions to ensure he does not influence witnesses or engage in unlawful activities. The detailed conditions will be outlined in a written order.
Case Background
The case originates from a 2017 investigation in which the NIA accused several separatist leaders of conspiring to wage war against the Government of India through terror funding networks.
Shah, who heads the Jammu Kashmir Democratic Freedom Party (JKDFP), was earlier granted statutory bail in a related money-laundering case filed by the Enforcement Directorate in June 2024.
Following the Supreme Court’s decision, Shah is expected to be released from Tihar Jail, where he has been lodged as an undertrial for nearly seven years.
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